Foreign Trade Policy

Transcription

1 Foreign Trade Policy 1 st September st March 2009 w.e.f Ministry of Commerce and Industry Department of Commerce Government of India Website:

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3 TO BE PUBLISHED IN THE GAZETTEE OF INDIA EXTRAORDINARY PART-II, SECTION-3, SUB SECTION (ii) GOVERNMENT OF INDIA MINISTRY OF COMMERCE AND INDUSTRY DEPARTMENT OF COMMERCE NOTIFICATION No. 1(RE-2006)/ NEW DELHI, DATED THE 7 th April, 2006 In exercise of powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act,1992 (No.22 of 1992) read with paragraph 1.2 of the Foreign Trade Policy, , the Central Government hereby notifies the Foreign Trade Policy, incorporating the Annual Supplement as updated on 7 th April 2006 and contained in Annexure to this notification. The policy shall come into force w.e.f. 1 st April This issues in Public interest. ( K.T. CHACKO ) Director General of Foreign Trade and Ex Officio Additional Secretary to the Government of India (Issued from F.No. 01/94/180/Foreign Trade Policy/AM07/PC-I) 3

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5 CONTENTS CHAPTER SUBJECT Page PREAMBLE 7 1A LEGAL FRAMEWORK 9 1B SPECIAL FOCUS INITIATIVES 10 1C BOARD OF TRADE 14 2 GENERAL PROVISIONS REGARDING IMPORTS AND EXPORTS 16 3 PROMOTIONAL MEASURES 27 4 DUTY EXEMPTION / REMISSION SCHEMES 39 5 EXPORT PROMOTION CAPITAL GOODS SCHEME 56 6 EXPORT ORIENTED UNITS (EOUs), ELECTRONICS HARDWARE TECHNOLOGY PARKS (EHTPs), SOFTWARE TECHNOLOGY PARKS (STPs) AND BIO-TECHNOLOGY PARKS (BTPs) 63 7 SPECIAL ECONOMIC ZONES 76 7A FREE TRADE & WAREHOUSING ZONES 77 8 DEEMED EXPORTS 78 9 DEFINITIONS 83 5

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7 FOREIGN TRADE POLICY PREAMBLE CONTEXT For India to become a major player in world trade, an all encompassing, comprehensive view needs to be taken for the overall development of the country s foreign trade. While increase in exports is of vital importance, we have also to facilitate those imports which are required to stimulate our economy. Coherence and consistency among trade and other economic policies is important for maximizing the contribution of such policies to development. Thus, while incorporating the existing practice of enunciating an annual Exim Policy, it is necessary to go much beyond and take an integrated approach to the developmental requirements of India s foreign trade. This is the context of the new Foreign Trade Policy. OBJECTIVES Trade is not an end in itself, but a means to economic growth and national development. The primary purpose is not the mere earning of foreign exchange, but the stimulation of greater economic activity. The Foreign Trade Policy is rooted in this belief and built around two major objectives. These are: (i) (ii) To double our percentage share of global merchandise trade within the next five years; and To act as an effective instrument of economic growth by giving a thrust to employment generation. STRATEGY These objectives are proposed to be achieved by adopting, among others, the following strategies: (i) (ii) (iii) (iv) (v) Unshackling of controls and creating an atmosphere of trust and transparency to unleash the innate entrepreneurship of our businessmen, industrialists and traders. Simplifying procedures and bringing down transaction costs. Neutralizing incidence of all levies and duties on inputs used in export products, based on the fundamental principle that duties and levies should not be exported. Facilitating development of India as a global hub for manufacturing, trading and services. Identifying and nurturing special focus areas which would generate additional 7

8 employment opportunities, particularly in semi-urban and rural areas, and developing a series of Initiatives for each of these. (vi) Facilitating technological and infrastructural upgradation of all the sectors of the Indian economy, especially through import of capital goods and equipment, thereby increasing value addition and productivity, while attaining internationally accepted standards of quality. (vii) Avoiding inverted duty structures and ensuring that our domestic sectors are not disadvantaged in the Free Trade Agreements/Regional Trade Agreements/Preferential Trade Agreements that we enter into in order to enhance our exports. (viii) Upgrading our infrastructural network, both physical and virtual, related to the entire Foreign Trade chain, to international standards. (ix) Revitalising the Board of Trade by redefining its role, giving it due recognition and inducting experts on Trade Policy. (x) Activating our Embassies as key players in our export strategy and linking our Commercial Wings abroad through an electronic platform for real time trade intelligence and enquiry dissemination. PARTNERSHIP : The new Policy envisages merchant exporters and manufacturer exporters, business and industry as partners of Government in the achievement of its stated objectives and goals. Prolonged and unnecessary litigation vitiates the premise of partnership. In order to obviate the need for litigation and nurture a constructive and conducive atmosphere, a suitable Grievance Redressal Mechanism will be established which, it is hoped, would substantially reduce litigation and further a relationship of partnership. The dynamics of a liberalized trading system sometimes results in injury caused to domestic industry on account of dumping. When this happens, effective measures to redress such injury will be taken. ROADMAP: This Policy is essentially a roadmap for the development of India s foreign trade. It contains the basic principles and points the direction in which we propose to go. By virtue of its very dynamics, a trade policy cannot be fully comprehensive in all its details. It would naturally require modification from time to time. We propose to do this through continuous updation, based on the inevitable changing dynamics of international trade. It is in partnership with business and industry that we propose to erect milestones on this roadmap. NEW DELHI 31 ST AUGUST, 2004 (KAMAL NATH) MINISTER FOR COMMERCE & INDUSTRY GOVERNMENT OF INDIA 8

9 CHAPTER 1A LEGAL FRAMEWORK Preamble 1.1 The Preamble spells out the broad framework and is an integral part of the Foreign Trade Policy. Duration 1.2 In exercise of the powers conferred under Section 5 of The Foreign Trade (Development and Regulation Act), 1992 (No. 22 of 1992), the Central Government hereby notifies the Foreign Trade Policy for the period incorporating the Export and Import Policy for the period , as modified. This Policy shall come into force with effect from 1 st September 2004 and shall remain in force upto 31 st March, 2009 unless as otherwise specified. Amendments 1.3 The Central Government reserves the right in public interest to make any amendments to this Policy in exercise of the powers conferred by Section-5 of the Act. Such amendment shall be made by means of a Notification published in the Gazette of India. Transitional 1.4 Any Notifications made or Public Notices issued or anything Arrangements done under the previous Export/ Import policies, and in force immediately before the commencement of this Policy shall, in so far as they are not inconsistent with the provisions of this Policy, continue to be in force and shall be deemed to have been made, issued or done under this Policy. Authorisations, certificates and permissions issued before the commencement of this Policy shall continue to be valid for the purpose and duration for which such Authorisation, certificate or permission was issued, unless otherwise stipulated. 1.5 In case an export or import that is permitted freely under this Policy is subsequently subjected to any restriction or regulation, such export or import will ordinarily be permitted notwithstanding such restriction or regulation, unless otherwise stipulated, provided that the shipment of the export or import is made within the original validity of an irrevocable letter of credit established before the date of imposition of such restriction. 9

10 CHAPTER 1B SPECIAL FOCUS INITIATIVES Special Focus 1B.1 With a view to doubling our percentage share of global Initiatives trade within 5 years and expanding employment opportunities, especially in semi urban and rural areas, certain special focus initiatives have been identified for the agriculture, handlooms, handicraft, gems & jewellery, leather and Marine sectors. Government of India shall make concerted efforts to promote exports in these sectors by specific sectoral strategies that shall be notified from time to time. New Sectoral Initiatives to be announced Further Sectoral Initiatives in other sectors will also be announced from time to time. For the present, the thrust sectors indicated below shall be extended the following facilities: (i) Agriculture and Village Industry (a) A new scheme called the Vishesh Krishi and Gram Udyog Yojana (Special Agricultural and Village Industry Scheme) for promoting export of fruits, Vegetables, Flowers, Minor Forest produce, Dairy, Poultry and their value added products and Gram Udyog products has been introduced (Para 3.8). (b) Funds shall be earmarked under ASIDE for development of Agri Export Zones (AEZ) (c) Deleted. (d) Deleted. (e) (f) Capital goods imported under EPCG shall be permitted to be installed anywhere in the AEZ. Import of restricted items, such as panels, shall be allowed under the various export promotion schemes. (g) Import of inputs such as pesticides shall be permitted under the Advance Authorisation for agro exports. (h) New towns of export excellence with a threshold limit of Rs 250 crore shall be notified. 10

11 (ii) Handlooms : (a) Specific funds would be earmarked under MAI/ MDA Scheme for promoting handloom exports. (b) Duty free import entitlement of specified trimmings and embellishments shall be 5% of FOB value of exports during the previous financial year. (c) Duty free import entitlement of hand knotted carpet samples shall be 1% of FOB value of exports during the previous financial year. (d) Duty free import of old pieces of hand knotted carpets on consignment basis for re-export after repair shall be permitted. (e) (f) New towns of export excellence with a threshold limit of Rs 250 crore shall be notified. Government has decided to develop a trade mark for Handloom on lines similar to Woolmark and Silkmark. This will enable handloom products to develop a niche market with a distinct identity. (iii) Handicrafts: (a) New Handicraft SEZs shall be established which would procure products from the cottage sector and do the finishing for exports. (b) Duty free import entitlement of trimmings and embellishments shall be 5% of the FOB value of exports during the previous financial year. The entitlement is broad banded, and shall extend also to merchant exporters tied up with supporting manufacturers. (c) The Handicraft Export Promotion Council shall be authorized to import trimmings, embellishments and consumables on behalf of those exporters for whom directly importing may not be viable. (d) Specific funds would be earmarked under MAI & MDA Schemes for promoting Handicraft exports. (e) (f) CVD is exempted on duty free import of trimmings, embellishments and consumables. New towns of export excellence with a reduced threshold limit of Rs 250 crore shall be notified. 11

12 (iv) Gems & Jewellery (a) Import of gold of 8k and above shall be allowed under the replenishment scheme subject to the import being accompanied by an Assay Certificate specifying the purity, weight and alloy content. (b) Duty free import entitlement of consumables for metals other than Gold, Platinum shall be 2% of FOB value of exports during the previous financial year. (c) Duty free import entitlement of commercial samples shall be Rs 300,000. (d) Duty free re-import entitlement for rejected jewellery shall be 2% of the FOB value of exports (e) Cutting and polishing of gems and jewellery, shall be treated as manufacturing for the purposes of exemption under Section 10A of the Income Tax Act (v) Leather and Footwear (a) Duty free import entitlement of specified items shall be 5% of FOB value of exports during the preceding financial year. (b) The duty free entitlement for the import of trimmings, embellishments and footwear components for footwear (leather as well as synthetic), gloves, travel bags and handbags shall be 3% of FOB value of exports of the previous financial year. The entitlement shall also cover packing material, such as printed and non printed shoeboxes, small cartons made of wood, tin or plastic materials for packing footwear. (c) Machinery and equipment for Effluent Treatment Plants shall be exempt from basic customs duty. (d) Re-export of unsuitable imported materials such as raw hides & skins and wet blue leathers is permitted. (e) (f) CVD is exempted on lining and interlining material notified at S.No 168 of Customs Notification No 21/2002 dated CVD is exempted on raw, tanned and dressed fur skins falling under Chapter 43 of ITC (HS). 12

13 Package for Marine (vi) (a) Duty free import of specified specialised inputs / Sector chemicals and flavouring oils etc. to be allowed to the extent of 1% of FOB value of preceding financial years export. (b) To allow import of monofilament long line system for tuna fishing at a concessional rate of duty. (c) A self removal procedure for clearance of seafood waste to be applicable subject to prescribed wastage norms. Optimum Development 1B.2 In order to showcase our industrial and trade prowess to its programme for best advantage and leverage existing facilities to enhance the Pragati Maidan quantity of space and service, Pragati Maidan will be transformed into a world-class complex with visitor friendliness ingress and egress system. The complex utilisation will be improved, increased and diversified. There shall be brand new, state-of-the-art, environmentally- controlled, airconditioned exhibition areas, and Permanent Exhibition Marts. In addition, a large Convention Centre to accommodate ten thousand delegates will be developed, with multiple and flexible hall spaces, auditoria and meeting rooms with hi-tech equipment. A year-round Food and Beverage destination will be developed, with a large number of outlets covering all cuisines and pricing levels. There will be a multi- level park to accommodate over nine thousand vehicles within the envelope of Pragati Maidan. 13

14 CHAPTER-1C Board of Trade Board of Trade 1C.1 The Board of Trade has been revamped and given a clear and dynamic role in advising government on relevant issues connected with Foreign Trade Policy. There would be a process of continuous interaction between the Board of Trade and Government in order to achieve the desired objective of boosting India s exports. Terms of Reference 1C.2 The Board of Trade would have the following terms of reference: I II III IV V VI To advise the Government on Policy measures for preparation and implementation of both short and long term plans for increasing exports in the light of emerging national and international economic scenarios; To review export performance of various sectors, identify constraints and suggest industry specific measures to optimize export earnings; To examine the existing institutional framework for imports & exports and suggest practical measures for further streamlining to achieve the desired objectives; To review the policy instruments and procedures for imports & exports and suggest steps to rationalize and channelise such schemes for optimum use; To examine issues which are considered relevant for promotion of India s foreign trade, and to strengthen the international competitiveness of Indian goods and services; and To commission studies for furtherance of the above objectives. Composition 1C.3 Government shall nominate an eminent person or expert on trade policy to be Chairman of the Board of Trade. Government shall also nominate 25 persons, of whom at least 10 will be experts in trade policy. In addition, Chairmen of recognized Export Promotion Councils and President or Secretary-Generals of National Chambers of Commerce will be ex-officio members. 14

15 Meetings 1C.4 The Board will meet at least once every quarter and make recommendations to Government on issues pertaining to its terms of reference. Sub- committee 1C.5 The Board of Trade will have the power to set up subcommittees and to co-opt experts to these, to make recommendations on specific sectors and objectives. Secretariat and 1C.6 The Board of Trade will have a Secretariat and Budget Head Budget Head and shall be serviced by the Department of Commerce. 15

16 CHAPTER-2 GENERAL PROVISIONS REGARDING IMPORTS AND EXPORTS Exports and Imports 2.1 Exports and Imports shall be free, except in cases where they free unless regulated are regulated by the provisions of this Policy or any other law for the time being in force. The item wise export and import policy shall be, as specified in ITC(HS) published and notified by Director General of Foreign Trade, as amended from time to time. Compliance with Laws 2.2 Every exporter or importer shall comply with the provisions of the Foreign Trade (Development and Regulation) Act, 1992, the Rules and Orders made thereunder, the provisions of this Policy and the terms and conditions of any Licence/certificate/ permission/authorisation granted to him, as well as provisions of any other law for the time being in force. All imported goods shall also be subject to domestic Laws, Rules, Orders, Regulations, technical specifications, environmental and safety norms as applicable to domestically produced goods. No import or export of rough diamonds shall be permitted unless the shipment parcel is accompanied by Kimberley Process (KP) Certificate required under the procedure specified by the Gem & Jewellery Export Promotion Council (GJEPC). Interpretation of Policy 2.3 If any question or doubt arises in respect of the interpretation of any provision contained in this Policy, or regarding the classification of any item in the ITC(HS) or Handbook (Vol.1) or Handbook (Vol.2), or Schedule Of DEPB Rate the said question or doubt shall be referred to the Director General of Foreign Trade whose decision thereon shall be final and binding. If any question or doubt arises whether a licence/ certificate/ permission has been issued in accordance with this Policy or if any question or doubt arises touching upon the scope and content of such documents, the same shall be referred to the Director General of Foreign Trade whose decision thereon shall be final and binding. Procedure 2.4 The Director General of Foreign Trade may, in any case or class of cases, specify the procedure to be followed by an exporter or importer or by any licensing or any other competent authority for the purpose of implementing the provisions of the Act, the Rules and the Orders made thereunder and this Policy. Such procedures shall be included in the Handbook (Vol.1), Handbook (Vol.2), Schedule of DEPB Rate and in ITC(HS) and published by means of a Public Notice. Such 16

17 procedures may, in like manner, be amended from time to time. The Handbook (Vol.1) is a supplement to the Foreign Trade Policy and contains relevant procedures and other details. The procedure of availing benefits under various schemes of the Policy are given in the Handbook (Vol.1). Exemption from Policy/ 2.5 Any request for relaxation of the provisions of this Policy or Procedure of any procedure, on the ground that there is genuine hardship to the applicant or that a strict application of the Policy or the procedure is likely to have an adverse impact on trade, may be made to the Director General of Foreign Trade for such relief as may be necessary. The Director General of Foreign Trade may pass such orders or grant such relaxation or relief, as he may deem fit and proper. The Director General of Foreign Trade may, in public interest, exempt any person or class or category of persons from any provision of this Policy or any procedure and may, while granting such exemption, impose such conditions as he may deem fit. Such request may be considered only after consulting Norms Committee (NC) if the request is in respect of a provision of Chapter-4 (excluding any provision relating to Gem & Jewellery sector) and EPCG Committee if the request is in respect of a provision of Chapter-5 of the Policy/ Procedure. However, any such request in respect of a provision other than Chapter-4, Chapter-5 and Gem & Jewellery sector as given above may be considered only after consulting Policy Relaxation Committee. Principles of Restriction 2.6 DGFT may, through a notification, adopt and enforce any measure necessary for:- i ii iii iv v vi vii Protection of public morals. Protection of human, animal or plant life or health. Protection of patents, trademarks and copyrights and the prevention of deceptive practices. Prevention of use of prison labour. Protection of national treasures of artistic, historic or archaeological value. Conservation of exhaustible natural resources. Protection of trade of fissionable material or material from which they are derived; and 17

18 viii Prevention of traffic in arms, ammunition and implements of war. Restricted Goods 2.7 Any goods, the export or import of which is restricted under ITC(HS) may be exported or imported only in accordance with a licence/ certificate/ permission or a public notice issued in this behalf. Terms and Conditions 2.8 Every Licence/certificate/permission/Authorisation shall be of a licence/ Certificate/ valid for the period of validity specified in the Licence/ Permission certificate/ permission and shall contain such terms and conditions as may be specified by the licensing authority which may include: (a) (b) (c) (d) The quantity, description and value of the goods; Actual User condition; Export obligation; The value addition to be achieved; and (e) The minimum export price. Authorisation/Licence/ 2.9 No person may claim a licence/certificate/ permission as a Certificate/Permission right and the Director General of Foreign Trade or the regional not a Right authority shall have the power to refuse to grant or renew a Licence/certificate/permission/Authorisation in accordance with the provisions of the Act and the Rules made there under. Penalty 2.10 If a Licence/certificate/permission/Authorisation holder violates any condition of the Licence/certificate/ permission or fails to fulfill the export obligation, he shall be liable for action in accordance with the Act, the Rules and Orders made there under, the Policy and any other law for the time being in force. State Trading 2.11 Any goods, the import or export of which is governed through exclusive or special privileges granted to State Trading Enterprise(s), may be imported or exported by the State Trading Enterprise(s) as specified in the ITC(HS) Book subject to the conditions specified therein. The Director General of Foreign Trade may, however, grant a Licence/certificate/ permission/authorisation to any other person to import or export any of these goods. In respect of goods the import or export of which is governed through exclusive or special privileges granted to State Trading Enterprise(s), the State Trading Enterprise(s) shall make any 18

19 such purchases or sales involving imports or exports solely in accordance with commercial considerations, including price, quality, availability, marketability, transportation and other conditions of purchase or sale. These enterprises shall act in a non discriminatory manner and shall afford the enterprises of other countries adequate opportunity, in accordance with customary business practices, to compete for participation in such purchases or sales. Importer-Exporterr 2.12 No export or import shall be made by any person without an Code Numbe Importer-Exporter Code (IEC) number unless specifically exempted. An Importer-Exporter Code (IEC) number shall be granted on application by the competent authority in accordance with the procedure specified in the Handbook (Vol.1). Trade with 2.13 The Director General of Foreign Trade may issue, from time Neighbouring Countries to time, such instructions or frame such schemes as may be required to promote trade and strengthen economic ties with neighbouring countries. Transit Facility 2.14 Transit of goods through India from or to countries adjacent to India shall be regulated in accordance with the bilateral treaties between India and those countries and will be subject to such restrictions as may be specified by DGFT in accordance with International Conventions. Trade with Russia under 2.15 In the case of trade with Russia under the Debt Repayment Debt-Repayment Agreement, the Director General of Foreign Trade may issue, Agreement from time to time, such instructions or frame such schemes as may be required, and anything contained in this Policy, in so far as it is inconsistent with such instructions or schemes, shall not apply. Actual User Condition 2.16 Capital goods, raw materials, intermediates, components, consumables, spares, parts, accessories, instruments and other goods, which are importable without any restriction, may be imported by any person. However, if such imports require a licence/ certificate/ permission, the actual user alone may import such goods unless the actual user condition is specifically dispensed with by the licensing authority. Second Hand Goods 2.17 All second hand goods, except second hand capital goods, shall be restricted for imports and may be imported only in accordance with the provisions of this Policy, ITC(HS), Handbook (Vol.1), Public Notice or a Licence/certificate/ permission/authorisation issued in this behalf. 19

20 Import of second hand capital goods, including refurbished/ re-conditioned spares shall be allowed freely. However, second hand personal computers/laptops, photocopier machines, air conditioners, diesel generating sets will only be allowed against a license issued in this behalf. Import of re-manufactured goods shall be allowed only against a licence issued in this behalf. Import of samples 2.18 Import of samples shall be governed by the provisions given in Handbook (Vol.1). Import of Gifts 2.19 Import of gifts shall be permitted where such goods are otherwise freely importable under this Policy. In other cases, a Customs Clearance Permit (CCP) shall be required from the DGFT. Passenger Baggage 2.20 Bonafide household goods and personal effects may be imported as part of passenger baggage as per the limits, terms and conditions thereof in the Baggage Rules notified by the Ministry of Finance. Samples of such items that are otherwise freely importable under this Policy may also be imported as part of passenger baggage without a Licence/certificate/permission/ Authorisation. Exporters coming from abroad are also allowed to import drawings, patterns, labels, price tags, buttons, belts, trimming and embellishments required for export, as part of their passenger baggage without a Licence/certificate/permission/ Authorisation. Import on Export basis 2.21 New or second hand capital goods, equipments, components, parts and accessories, containers meant for packing of goods for exports, jigs, fixtures, dies and moulds may be imported for export without a Licence/certificate/permission/ Authorisation on execution of Legal Undertaking/Bank Guarantee with the Customs Authorities provided that the item is freely exportable without any conditionality/requirement of Licence/ permission as may be required under ITC(HS) Schedule II. Re-import of goods 2.22 Capital goods, equipments, components, parts and accessories, repaired abroad whether imported or indigenous, except those restricted under ITC (HS) may be sent abroad for repairs, testing, quality improvement or upgradation or standardization of technology and re-imported without a Licence/certificate/permission/ Authorisation. 20

21 Import of goods used 2.23 After completion of the projects abroad, project contractors in projects abroad may import, without a licence/ certificate/ permission, used goods including capital goods provided they have been used for at least one year. Sale on High Seas 2.24 Sale of goods on high seas for import into India may be made subject to this Policy or any other law for the time being in force. Import under Lease 2.25 Permission of licensing authority is not required for import Financing of new capital goods under lease financing. Clearance of Goods 2.26 The goods already imported/shipped/arrived, in advance, but from Customs not cleared from Customs may also be cleared against the Licence/ certificate/ permission issued subsequently. Execution of BG/ LUT 2.27 Wherever any duty free import is allowed or where otherwise specifically stated, the importer shall execute a Legal Undertaking (LUT)/Bank Guarantee (BG)/ Bond with the Customs Authority before clearance of goods through the Customs, in the manner as may be prescribed. In case of indigenous sourcing, the Licence/ certificate/ permission holder shall furnish LUT / BG / Bond to the licensing authority before sourcing the material from the indigenous supplier/nominated agency. Exemption from Bank All the exporters who have an export turnover of at least Guarantee Rupees 5 crore in the current or preceding licencing year and have a good track record of three years of exports will be exempted from furnishing a BG for any of the schemes under this Policy and may furnish a LUT in lieu of BG. Private/ Public Bonded 2.28 Private/Public bonded warehouses may be set up Warehouses for Imports in the Domestic Tariff Area as per the terms and conditions of notification issued by Department of Revenue. Any person may import goods except prohibited items, arms and ammunition, hazardous waste and chemicals and warehouse them in such private/public bonded warehouses. Such goods may be cleared for home consumption in accordance with the provisions of this Policy and against Licence/certificate/ permission, wherever required. Customs duty as applicable shall be paid at the time of clearance of such goods. 21

22 If such goods are not cleared for home consumption within a period of one year or such extended period as the custom authorities may permit, the importer of such goods shall reexport the goods. Free Exports 2.29 All goods may be exported without any restriction except to the extent such exports are regulated by ITC(HS) or any other provision of this Policy or any other law for the time being in force. The Director General of Foreign Trade may, however, specify through a public notice such terms and conditions according to which any goods, not included in the ITC(HS), may be exported without a licence/ certificate/ permission. Export of Samples 2.30 Export of samples and Free of charge goods shall be governed by the provisions given in Handbook (Vol.1). Export of Passenger 2.31 Bonafide personal baggage may be exported either along with Baggage the passenger or, if unaccompanied, within one year before or after the passenger s departure from India. However, items mentioned as Restricted in ITC(HS) shall require a Licence/ certificate/permission/authorisation. Export of Gifts 2.32 Goods, including edible items, of value not exceeding Rs.5,00,000/- in a licensing year, may be exported as a gift. However, items mentioned as restricted for exports in ITC(HS) shall not be exported as a gift, without a Licence/certificate/ permission/authorisation. Export of Spares 2.33 Warranty spares, whether indigenous or imported, of plant, equipment, machinery, automobiles or any other goods, except those restricted under ITC (HS), may be exported along with the main equipment or subsequently but within the contracted warranty period of such goods subject to approval of RBI. Third Party Exports 2.34 Third party exports, as defined in Chapter 9 shall be allowed under the Policy. Export of Imported 2.35 Goods imported, in accordance with this Policy, may be Goods exported in the same or substantially the same form without a Licence/certificate/permission/Authorisation provided that the item to be imported or exported is not mentioned as restricted for import or export in the ITC(HS). Exports of such goods imported against payment in freely convertible currency would be permitted against payment in freely convertible currency. 22

23 2.36 Goods, including those mentioned as restricted item for import (except prohibited items) may be imported under Customs Bond for export in freely convertible currency without a licence/ certificate/ permission provided that the item is freely exportable without any conditionality/ requirement of Licence/permission as may be required under ITC (HS) Schedule II. Export of Replacement 2.37 Goods or parts thereof on being exported and found defective Goods damaged or otherwise unfit for use may be replaced free of charge by the exporter and such goods shall be allowed clearance by the customs authorities provided that the replacement goods are not mentioned as restricted items for exports in ITC(HS). Export of Repaired 2.38 Goods or parts, except restricted under ITC (HS), thereof on Goods being exported and found defective, damaged or otherwise unfit for use may be imported for repair and subsequent reexport. Such goods shall be allowed clearance without a licence/ certificate/permission and in accordance with customs notification issued in this behalf. Private Bonded 2.39 Private bonded warehouses exclusively for exports may be Warehouses for set up in DTA as per the terms and conditions of the Exports notifications issued by Department of Revenue. Such warehouses shall be entitled to procure the goods from domestic manufacturers without payment of duty. The supplies made by a domestic supplier to the notified warehouses shall be treated as physical exports provided the payments for the same are made in free foreign exchange. Denomination of 2.40 All export contracts and invoices shall be denominated either Export Contracts in freely convertible currency or Indian rupees but the export proceeds shall be realised in freely convertible currency. However export proceeds against specific exports may also be realized in rupees provided it is through a freely convertible Vostro account of a non resident bank situated in any country other than a member country of ACU or Nepal or Bhutan. Additionally, the rupee payment through the Vostro account must be against payment in free foreign currency by the buyer in his non resident bank account. The free foreign exchange remitted by the buyer to his non resident bank (after deducting the bank service charges) on account of this transaction would be taken as the export realization under the export promotion schemes of this Policy. 23

24 Contracts for which payments are received through the Asian Clearing Union (ACU) shall be denominated in ACU Dollar. The Central Government may relax the provisions of this paragraph in appropriate cases. Export contracts and Invoices can be denominated in Indian rupees against EXIM Bank/ Government of India line of credit. Realisation of 2.41 If an exporter fails to realise the export proceeds within the Export Proceeds time specified by the Reserve Bank of India, he shall, without prejudice to any liability or penalty under any law for the time being in force, be liable to action in accordance with the provisions of the Act, the Rules and Orders made there under and the provisions of this Policy. Free movement of 2.42 Consignments of items meant for exports shall not be export goods withheld/delayed for any reason by any agency of the Central/State Government. In case of any doubt, the authorities concerned may ask for an undertaking from the exporter. No seizure of Stock No seizure of stock shall be made by any agency so as to disrupt the manufacturing activity and delivery schedule of export goods. In exceptional cases, the concerned agency may seize the stock on the basis of prima facie evidence. However, such seizure should be lifted within 7 days. Export Promotion 2.43 The basic objective of Export Promotion Councils is to Councils promote and develop the exports of the country. Each Council is responsible for the promotion of a particular group of products, projects and services. The list of the councils, and their main functions are given in Handbook (Vol.1). Registration -cum Any person, applying for (i) a licence/ authorisation/ Membership Certificate certificate/ permission to import/ export, [except items listed as restricted items in ITC(HS)] or (ii) any other benefit or concession under this policy shall be required to furnish Registration-cum-Membership Certificate (RCMC) granted by the competent authority in accordance with the procedure specified in the Handbook (Vol.1) unless specifically exempted under the Policy Deleted Trade Facilitation It is endeavor of the Government to work towards greater through EDI Initiatives simplification, standardization and harmonization of trade documents using international best practices. As a step in this direction DGFT shall move towards an automated environment for electronic filing, retrieval and authentication 24

25 of documents based on agreed protocols and message exchange with other community partners including Customs and Banks. DGCI&S Commercial To enable the users to make commercial decisions in a more Trade Data professional manner, DGCI&S trade data shall be made available with a minimum time lag in a query based structured format on a commercial criteria. Fiscal Incentives to With a view to promote the use of Information Technology, promote EDI DGFT will provide fiscal incentives to the user Initiatives adoption community. The details are enumerated in the Handbook (Vol.I). Regularization of EO 2.46 With a view to providing assistance to firms who have default and settlement defaulted under the Foreign Trade Policy for reasons beyond of customs duty and their control as also facilitating the merger, acquisition and interest through rehabilitation of sick units, it has been decided to empower Settlement Commission the Settlement Commission in the Central Board of Excise and Customs to decide such cases also with effect from Easing Of 2.47 Pending the finalisation of Single Common Document Documentation (SCD)for international trade, the Government Departments Requirement dealing with exports and imports will honour the permission license/certificate issued by the other Government departments based on the verification of the export documents Like shipping bill, bank realization certificate, Packing list, bill of lading etc.and will not insist upon fresh submission of these documents. Remission of Service For all goods and services which are exported from units in Tax in DTA Domestic Tariff Area (DTA) and units in EOU/EHTP/STP/ BTP remission of service tax levied shall be allowed. Exemption from Units in SEZ shall be exempted from service tax. Service Tax in SEZ GRIEVANCE REDRESSAL DGFT as a facilitator 2.49 DGFT has a commitment to function as a facilitator of of exports/ imports exports and imports. Our focus is on good governance, which depends on clean, transparent and accountable delivery systems. Citizen s Charter DGFT has in place a Citizen s Charter which lays down its commitment to serve importers and exporters. It also gives time schedules for providing services to clients, and details of grievance committees at different levels. 25

26 Grievance Redressal In order to facilitate speedy redressal of grievances of trade Mechanism and industry, a new grievance redressal mechanism has been put in place by a Government Resolution Deleted The Government is committed to resolving all outstanding problems and disputes pertaining to the past policy periods through the Grievance Redressal Committee set up on , for condoning delays, regularizing breaches by exporters in bonafide cases, resolving disputes over entitlements, granting extensions for utilization of Licences etc. 26

27 CHAPTER-3 PROMOTIONAL MEASURES Assistance to 3.1 The State Governments shall be encouraged to participate in States for promoting exports from their respective States. For this Infrastructure purpose, Department of Commerce has formulated a scheme Development of called ASIDE. Exports (ASIDE) Suitable provision has been made in the Annual Plan of the Department of Commerce for allocation of funds to the States on the twin criteria of gross exports and the rate of growth of exports. The States shall utilise this amount for developing infrastructure such as roads connecting production centers with the ports, setting up of Inland Container Depots and Container Freight Stations, creation of new State level export promotion industrial parks/zones, augmenting common facilities in the existing zones, equity participation in infrastructure projects, development of minor ports and jetties, assistance in setting up of common effluent treatment facilities, stabilizing power supply and any other activity as may be notified by Department of Commerce from time to time. Market Access 3.2 The Market Access Initiative (MAI) scheme is intended Initiative (MAI) to provide financial assistance for medium term export promotion efforts with a sharp focus on a country and product. The financial assistance is available for Export Promotion Councils, Industry and Trade Associations, Agencies of State Governments, Indian Commercial Missions abroad and other eligible entities as may be notified from time to time. A whole range of activities can be funded under the MAI scheme. These include market studies, setting up of showroom/ warehouse, sales promotion campaigns, international departmental stores, publicity campaigns, participation in international trade fairs, brand promotion, registration charges for pharmaceuticals and testing charges for engineering products etc. Each of these export promotion activities can receive financial assistance from the Government ranging from 25% to 100% of the total cost depending upon the activity and the implementing agency, as indicated in the detailed guidelines. The full text of the guidelines can be seen at 27

28 Marketing The Marketing Development Assistance (MDA) Scheme is Development intended to provide financial assistance for a range of export Assistance (MDA) promotion activities implemented by export promotion councils, industry and trade associations on a regular basis every year. As per the revised MDA guidelines, assistance under MDA is available for exporters with annual export turnover upto Rs 10 crores. These include participation in Trade Fairs and Buyer Seller meets abroad or in India, export promotion seminars etc. Further, assistance for participation in Trade Fairs abroad and travel grant is available to such exporters if they travel to countries in one of the four Focus Areas, such as, Latin America, Africa, CIS Region, ASEAN countries, Australia and New Zealand. For participation in trade fairs etc., in other areas financial assistance without travel grant is available. Meeting Legal Financial assistance would be provided to deserving exporters expenses for on the recommendation of Export Promotion Councils for Trade related meeting the cost of legal expenses relating to trade related matters matters. Towns of Export 3.3 A number of towns in specific geographical locations have Excellence emerged as dynamic industrial clusters contributing handsomely to India s exports. It is necessary to grant recognition to these industrial clusters with a view to maximizing their potential and enabling them to move higher in the value chain and tap new markets. Selected towns producing goods of Rs crore or more will be notified as Towns of Exports Excellence on the basis of potential for growth in exports. However for the Towns of Export Excellence in the Handloom, Handicraft, Agriculture and Fisheries sector, the threshold limit would be Rs 250 crores. Common service providers in these areas shall be entitled for the facility of the EPCG scheme. The recognized associations of units will be able to access the funds under the Market Access Initiative scheme for creating focused technological services. Further such areas will receive priority for assistance for 28

29 rectifying identified critical infrastructure gaps from the ASIDE scheme. The notified towns of export excellence are listed in Appendix 7. Brand Promotion The Central Government aims to encourage manufacturers and and Quality exporters to attain internationally accepted standards of quality for their products. The Central Government will extend support and assistance to Trade and Industry to launch a nationwide programme on quality awareness and to promote the concept of total quality management. Test Houses The Central Government will assist in the modernisation and upgradation of test houses and laboratories in order to bring them at par with international standards. Quality Complaints/ The Regional Sub-Committee on Quality Complaints Disputes (RSCQC) set up at the Regional Offices of the Directorate General of Foreign Trade shall investigate quality complaints received from foreign buyers. The guidelines for settlement of quality complaints, in particular, and such other complaints, in general, are given in Appendix-16 of Handbook of Procedures (Vol. I). Trade disputes If it comes to the notice of the Director General of Foreign affecting trade relations Trade or he has reason to believe that an export or import has been made in a manner that (i) (ii) (iii) is gravely prejudicial to the trade relations of India with any other country; and/or is gravely prejudicial to the interest of other persons engaged in exports or imports; and/or has brought disrepute to the country; The Director General Foreign Trade may take action against the exporter or importer concerned in accordance with the provisions of the Act, the Rules and Orders made thereunder and this Policy. 3.5 STAR EXPORT HOUSES Star Export House Merchant as well as Manufacturer Exporters, Service Providers, Export Oriented Units (EOUs) and Units located in Special Economic Zones (SEZs), Agri Export Zone (AEZ s), Electronic Hardware Technology Parks (EHTPs), Software Technology Parks (STPs) and Bio Technology Parks (BTPs) shall be eligible for applying for status as Star Export Houses. 29

30 Status Category The applicant shall be categorized depending on his total FOB (FOR - for deemed exports) export performance during the current plus the previous three years: Category Performance (Rupees in Crores) One Star Export House 15 Two Star Export House 100 Three Star Export House 500 Four Star Export House 1500 Five Star Export House 5000 Note 1. Exporters in the Small Scale Industry/Tiny Sector/ Cottage Sector, Units registered with KVICs/ KVIBs, Units located in North Eastern States, Sikkim and J&K, Units exporting handloom/ handicrafts/hand knotted or silk carpets, exporters exporting to countries in Latin America/CIS/sub- Saharan Africa as listed in Appendix-9, Units having ISO 9000 (series)/ ISO (series) /WHOGMP/ HACCP/SEI CMM level-ii and above status granted by agencies listed in Appendix-6, exports of services and exports of agro products shall be entitled for double weightage on exports made for grant of Star Export House status. The Double Weightage shall be admissible to Merchant as well as Manufacturer Exporters. However, a shipment can get double weightage only once in any one of the above categories. 1(a) Transfer of export performance from one to another is not permitted. Therefore disclaimer system shall not be allowed for counting of export turnover. 2. Exports made on re-export basis shall not be counted for the purpose of recognition. 3. Exports made by a subsidiary of a limited company shall be counted towards export performance of the limited company for the purpose of recognition only if the limited company has a majority share holding in the subsidiary company. 4. Recognition of One Star Export House status shall 30

31 be considered only in case the exporter has minimum export performance of Rs. 15 Crores or more during any two years out of the current and preceding three years. Privileges A Star Export House shall be eligible for the following facilities: i) Authorisation/Licence/certificate/permissions and Customs clearances for both imports and exports on self-declaration basis; ii) iii) iv) Fixation of Input-Output norms on priority within 60 days; Exemption from compulsory negotiation of documents through banks. The remittance, however, would continue to be received through banking channels; 100% retention of foreign exchange in EEFC account; v) Enhancement in normal repatriation period from 180 days to 360 days; vi) vii) viii) Deleted Exemption from furnishing of Bank Guarantee in Schemes under this Policy. Two Star Export Houses and above shall be permitted to establish Export Warehouses, as per the guidelines issued by Department of Revenue in this regard. Validity Period All status certificates issued or renewed on or after shall be valid from 1st April of the licensing year during which the application for the grant of such recognition is made upto 31 st March, 2009, unless otherwise specified. On the expiry of status certificate, application for grant of status shall be required to be made within a period as prescribed in the Handbook of Procedures (Vol. I), as a fresh application for continued recognition. During the intervening period, the star export house shall be eligible to claim the usual privileges under Para above, subject to furnishing of an undertaking by the applicant at the time of claiming such facilities and benefits that they are eligible for continued recognition as per current policy. 31

32 3.6 SERVICES EXPORTS Services Exports Services include all the 161 tradable services covered under the General Agreement on Trade in Services where payment for such services is received in free foreign exchange or in Indian Rupees which are otherwise considered as having been paid for in free foreign exchange by RBI. A list of services is given in Appendix-10 of Handbook of Procedures (Vol. I). All provisions of this Policy shall apply mutatis mutandis to export of services as they apply to goods, unless otherwise specified. Export Promotion Service exporters are required to register themselves with the Council for Services Federation of Indian Exporters Organisation. However, software exporters shall register themselves with Electronic and Software Export Promotion Council. In order to give proper direction, guidance and encouragement to the Services Sector, an exclusive Export Promotion Council for Services shall be set up. The Services Export Promotion Council shall: (i) (ii) (iii) Map opportunities for key services in key markets and develop strategic market access programmes for each component of the matrix. Co-ordinate with sectoral players in undertaking intensive brand building and marketing programmes in target markets. Make necessary interventions with regard to policies, procedures and bilateral/ multilateral issues, in co-ordination with recognised nodal bodies of the services industry. Common Facility Government shall promote the establishment of Common Centres Facility Centres for use by home-based service providers, particularly in areas like Engineering & Architectural design, Multi-media operations, Software developers etc., in State and District-level towns, to draw in a vast multitude of home-based professionals into the services export arena SERVED FROM INDIA SCHEME Objective The objective is to accelerate the growth in export of services so as to create a powerful and unique Served From India brand, instantly recognized and respected world over. 32